UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 30, 2020
Petitions for Grant of Review Filed
No.
21-0035/AF. U.S. v. George L. Lull. CCA 39555.
No.
21-0036/AR. U.S. v. Brandon J. Audia. CCA 20190739.
No.
21-0038/AR. U.S. v. Antonio Chavez. CCA 20190592.
No.
21-0039/AF. U.S. v. James P. Ward. CCA 39648.
Miscellaneous Docket - Filing
No. 21-0037/AR. In re Richard J. Ramsey. CCA 20190001. Notice is given that a petition for extraordinary relief in the nature of writ of habeas corpus was filed under Rule 27(a) on this date.
Order Granting Petition for Review
No. 20-0345/AR. U.S. v. Jacob L.
Brubaker-Escobar. CCA 20190618. On consideration of the petition for grant of
review of the decision of the United States Army Court of Criminal Appeals, it
is ordered that said petition is granted on the following personally asserted
issue:
WHETHER
THE CONVENING AUTHORITY'S FAILURE TO TAKE ACTION ON THE SENTENCE AS A RESULT OF
THE STAFF JUDGE ADVOCATE'S ERRONEOUS ADVICE DEPRIVED THE ARMY COURT OF
JURISDICTION UNDER ARTICLE 66, UCMJ.
Briefs
will be filed under Rule 25.
Interlocutory Orders
No.
21-0018/AF. U.S. v. Damon P. Linck. CCA 39627.
Appellant's supplemental motion for leave to examine sealed materials is
granted.
No.
21-0031/AF. U.S. v. Joshua Shears. CCA S32577. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted
to November 19, 2020.
No.
21-0034/MC. U.S. v. William J. Scott. CCA 201900076. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 19, 2020.
No.
21-0035/AF. U.S. v. George L. Lull. CCA 39555. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 19, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 29, 2020
Petitions for Grant of Review Filed
No.
21-0032/AR. U.S. v. Kenyatta A. Chapman. CCA 20200378.
No.
21-0033/AR. U.S. v. Dylan C. Meche. CCA 20200265.
No.
21-0034/MC. U.S. v. William J. Scott. CCA 201900076.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 28, 2020
Petition for Grant of Review Filed
No.
21-0031/AF. U.S. v. Joshua Shears. CCA S32577.
Petition for Grant of Review - Summary
Disposition
No. 20-0301/MC. U.S. v. Guillermo
Cabrera. CCA 201800327. On consideration of the petition for grant of review of
the decision of the United States Navy-Marine Corps Court of Criminal Appeals,
the motion to remand for factfinding, and the motion
to supplement the record, it is ordered that said petition is granted on the
following issues:
AFTER
GOVERNMENT DISCOVERY VIOLATIONS RESULTED IN A MISTRIAL, WAS APPELLANT'S SECOND
TRIAL PROHIBITED BY RULE FOR COURTS-MARTIAL 915(c)(2)(A)
AND THE DOUBLE JEOPARDY CLAUSE OF THE FIFTH AMENDMENT?
DID
LTCOL KASPRZYK'S SUBSTANTIVE PARTICIPATION IN APPELLANT'S CASE WHILE
SIMULTANEOUSLY ALLEGEDLY APPLYING FOR EMPLOYMENT TO SERVE AS THE PROSECUTION'S
EXPERT ADVISOR UNDERMINE THE PUBLIC'S CONFIDENCE IN THE JUDICIAL PROCESS?
WERE
THE TRIAL AND APPELLATE DEFENSE COUNSEL INEFFECTIVE WHERE THEY FAILED TO FILE A
MOTION TO COMPEL THE GOVERNMENT TO PRODUCE REQUESTED DISCOVERY REGARDING LTCOL KASPRZYK'S
ALLEGED CONFLICT OF INTEREST AND FAILED TO RAISE THE ISSUE ON APPEAL?
That
the motion to remand for factfinding is granted in
part as noted below, that the motion to supplement the record is granted, and the decision of the United States Navy-Marine
Corps Court of Criminal Appeals is set aside. The record of trial is returned
to the Judge Advocate General of the Navy for remand to that court for further
appellate inquiry of the granted issues. The Court of Criminal Appeals will
obtain affidavits from the trial defense counsel (military and civilian) and
initial appellate defense counsel (military and civilian) that respond to
Appellant's allegation of ineffective assistance of counsel. Under Article
66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c) (2012), the
Court of Criminal Appeals shall review the granted issues in light of the
affidavits and any other relevant matters. See
United States v. Ginn,
47 M.J. 236 (C.A.A.F. 1997). If the court determines that a factfinding
hearing is necessary to resolve any of the granted issues, that court shall
order a hearing pursuant to United States
v. DuBay, 17 C.M.A. 147, 37 C.M.R. 411 (1967).
Once the necessary information is obtained, the court will complete its Article
66(c), UCMJ, review. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2012),
shall apply.
Hearings
No.
20-0090/AR. U.S. v. Jesus D. Cardenas. CCA 20180416.
No.
20-0342/AR. U.S. v. Dashaun K. Henry. CCA 20190688.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 27, 2020
Petitions for Grant of Review Filed
No.
21-0029/AR. U. S. v. Robert L. Worsham. CCA 20180552.
No.
21-0030/AF. U.S. v. Kalab D. Willman. CCA 39642.
Petition for Grant of Review Denied
No.
20-0344/AF. U.S. v. Kahlil J. Jones. CCA 39543.
Hearings
No.
19-0449/AF. U.S. v. Ladarion D. Stanton. CCA 39161.
No.
20-0019/AF. U.S. v. Jared D. Bavender. CCA 39390.
No.
20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 26, 2020
Interlocutory Orders
No.
20-0221/MC. U.S. v. Thomas E. Mader III. CCA
201800276. Appellee's second motion to extend time to file a brief is granted
to November 18, 2020.
No. 20-0252/AF. U.S. v. Rodney M. Tyler.
CCA 39572.
On further consideration of the granted issue, the record of trial, Appellant's
brief, and the matters submitted in the Joint Appendix, a transcription of the
following exhibit is required for the Court's consideration of the granted
issue:
One
(1) disc containing an audio/video recorded interview of M.L. conducted on
March 10, 2017. The DVD is labeled Prosecution Exhibit 3.
Accordingly,
it is ordered that the government produce a transcription of the matters
contained in the exhibit identified above, and that the transcription be filed
with this Court on or before the 23rd day of November, 2020.
No.
21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to November 12, 2020.
No.
21-0025/AF. U.S. v. Matthew C. Harrington. CCA 2020-02. Appellant's motion to
extend time to file the supplement to the petition for grant of review
is granted to November 16, 2020. Appellee shall file an answer no later
than 10 days after the filing of Appellant's supplement.
No.
21-0027/AR. U.S. v. Erick C. Black. CCA 20180683. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted
to November 16, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 23, 2020
Petitions for Grant of Review Filed
No.
21-0025/AF. U.S. v. Matthew C. Harrington. CCA 2020-02.
No.
21-0026/AR. U.S. v. Kyrell J. Stewart. CCA 20190829.
No.
21-0027/AR. U.S. v. Erick C. Black. CCA 20180683.
No.
21-0028/AR. U.S. v. John A. Grabowski. CCA 20180705.
Petitions for Grant of Review Denied
No.
20-0272/AF. U.S. v. Camen J. Scilluffo.
CCA 39539.
No.
20-0369/AR. U.S. v. Noah C. Davis. CCA 20200061.
No.
20-0377/AR. U.S. v. Justin S. McKinnon. CCA 20190818.
No.
20-0378/AR. U. S. v. Anthony R. Wetmore. CCA 20190521.
No.
20-0379/NA. U. S. v. Lucas R. Passa. CCA 202000041.
No.
20-0380/AR. U.S. v. Riggie S. Escomiendo.
CCA 20190665.
Petition for New Trial - Summary
Disposition
No. 20-0328/AF. Camen
J. Scilluffo, Petitioner v. United States,
Respondent. CCA 39539.
On consideration of the petition for new trial, it is ordered that the petition
is denied.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 22, 2020
Petitions for Grant of Review Filed
No.
21-0021/AR. U.S. v. Brandon T.X. States. CCA 20190191.
No.
21-0022/AR. U.S. v. Justin D. Golden. CCA 20190695.
No.
21-0023/AR. U.S. v. Carlos Solis-Rodriguez. CCA 20190796.
No.
21-0024/AR. U.S. v. Sherry L. Echelberger. CCA
20190740.
Interlocutory Orders
No.
20-0268/MC. U.S. v. Gregory S. Simpson. CCA 201800268. Appellant's motion to
extend time to file a reply brief is granted to November 3, 2020.
No.
21-0018/AF. U.S. v. Damon P. Linck. CCA 39627.
Appellant's motion for leave to examine sealed materials is granted.
No.
21-0018/AF. U.S. v. Damon P. Linck. CCA 39627.
Appellant's motion to extend time to file the supplement to the petition for
grant of review is granted to November 12, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 21, 2020
Petition for Grant of Review Filed
No.
21-0020/AR. U.S. v. Ryan M. McEntee. CCA 20200132.
Interlocutory Order
No.
20-0217/NA. United States, Appellee/Cross-Appellant v. Stephen A. Begani,
Appellant/Cross-Appellee. CCA 201800082. On consideration of
Appellee/Cross-Appellant's second motion to extend time to file a brief, it is
ordered that the motion is granted, up to and including to November 4, 2020,
and that absent extraordinary circumstances, no further extension of time will
be granted in this case.
Mandate Issued
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 20, 2020
Petitions for Grant of Review Filed
No.
21-0017/AR. U.S. v. Clovis H. Castro. CCA 20190408.
No.
21-0018/AF. U.S. v. Damon P. Linck. CCA 39627.
No.
21-0019/AR. U.S. v. Patrick J. Roehrs. CCA 20190807.
Petitions for Grant of Review Denied
No.
20-0360/AF. U.S v. Steven A. McDaniel, Jr. CCA 39608.
No.
20-0370/AR. U.S. v. Ricky L. Olivo. CCA 20190252.
No.
20-0374/AR. U.S. v. Dautrail T. Peppers. CCA 20190545.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 19, 2020
Interlocutory Order
No.
20-0347/MC. U.S. v. Matthew P. Hoffmann. CCA 201400067. Appellant's motion for
leave to file matter pursuant to United
States v. Grostefon, 12 M.J. 431 (C.M.A. 1982) is
granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 16, 2020
Petition for Grant of Review Filed
No.
21-0016/AR. U.S. v. Charlie S. Garcia. CCA 20200042.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 15, 2020
Petitions for Grant of Review Denied
No.
20-0329/AF. U.S. v. Derek J. McInnis. CCA 39576.
No.
20-0334/AR. U.S. v. Joshua E. Terry. CCA 20180355.
No.
20-0361/AR. U.S. v. Luis L. Avalos. CCA 20190655.
No.
20-0365/AF. U.S. v. Derek R. Rita. CCA 39614.
Interlocutory Order
No.
21-0014/AF. U.S. v. David R. Kane. CCA 39590. Appellant's motion to extend time
to file the supplement to the petition for grant of review is granted to
November 4, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 14, 2020
Petitions for Grant of Review Filed
No.
21-0013/AR. U.S. v. Brett A. Robbins. CCA 20190786.
No.
21-0014/AF. U.S. v. David R. Kane. CCA 39590.
Miscellaneous Docket - Filing
No.
21-0015/AR. Nidal M. Hasan, Petitioner v. United States Army Court of Criminal
Appeals, Respondent and United States, Real Party In Interest. CCA 20130781.
Notice is given that a petition for extraordinary relief in the nature of a writ
of mandamus and brief in support were filed under Rule 27(a), on this date.
Interlocutory Orders
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. On consideration of the
motion on behalf of Law Professors for leave to file a brief as amicus curiae,
filed on September 25, 2020, it is ordered that the motion is granted.
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. Appellee's motion to file
an amended answer to Appellant's motion to supplement the record is granted.
No.
21-0010/AF. U.S. v. Nicholas A. Matichuk. CCA S32611. Appellant's motion to
extend time to file the supplement to the petition for grant of review is
granted to November 3, 2020.
No.
21-0012/AF. U.S. v. Antonio V. Simon. CCA S32569. Appellant's motion to extend
time to file the supplement to the petition for grant of review is granted to
November 3, 2020.
Petition for Reconsideration Denied
No.
19-0406/AR. U.S. v. Robert B. Bergdahl. CCA 20170582. On consideration of
Appellant's petition for reconsideration of the Court's decision, United States v. Bergdahl, __ M.J. __
(C.A.A.F. 2020), and motion to supplement the record, it is ordered that the
motion and the petition for reconsideration are denied without prejudice to
Appellant's right to file a writ of error coram nobis with the appropriate
court.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 13, 2020
Petitions for Grant of Review Filed
No.
21-0011/AR. U.S. v. Anthony R. Clark II. CCA 20160304.
No.
21-0012/AF. U.S. v. Antonio V. Simon. CCA S32569.
Interlocutory Order
No.
20-0289/AR. U.S. v. Kevin M. Furth. CCA 20180191. Appellee's motion to
supplement the joint appendix is granted.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 9, 2020
Petition for Grant of Review Filed
No.
21-0010/AF. U.S. v. Nicholas A. Matichuk. CCA S32611.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 8, 2020
Petitions for Grant of Review Filed
No.
21-0007/AR. U.S. v. Malik A. Smith. CCA 20190563.
No.
21-0008/AR. U.S. v. Keith B. Hill. CCA 20190780.
No.
21-0009/AR. U.S. v. Donovan L. Pearman. CCA 20200200.
Interlocutory Orders
No.
20-0371/AR. U.S. v. Willie F. Warrens, Jr. CCA 20190126. Appellant's second
motion to extend time to file the supplement to the petition for grant of
review is granted to October 14, 2020.
No.
20-0373/AR. U.S. v. Mychal E. Garcia. CCA 20180146. Appellant's second motion
to extend time to file the supplement to the petition for grant of review is
granted to October 27, 2020.
No.
21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913. Appellant's motion to
extend time to file the supplement to the petition for grant of
review is granted to October 28, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Wednesday,
October 7, 2020
Petition for Grant of Review Filed
No.
21-0006/AR. U.S. v. James E. Hopkins. CCA 20140913.
Petition for Grant of Review Denied
No.
20-0186/NA. U.S. v. Jeffrey D. Pittman. CCA 201800211.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Tuesday,
October 6, 2020
Petition for Grant of Review Filed
No.
21-0005/AR. U.S. v. Alejandro Rufino-Gonzalez. CCA 20200152.
Miscellaneous Docket - Summary
Disposition
No. 20-0372/AF. Paul D. Voorhees,
Petitioner v. United States, Respondent. CCA 38836. On consideration of
the petition for extraordinary relief in the nature of a writ of error coram
nobis, it is ordered that the petition is denied.
Interlocutory Orders
No.
20-0186/NA. U.S. v. Jeffrey D. Pittman. CCA 201800211. Appellant's motion to
supplement the record is denied.
No.
20-0221/MC. U.S. v. Thomas E. Mader III. CCA 201800276. Appellee's motion to
extend time to file a brief is granted to November 4, 2020.
No.
20-0366/AR. U.S. v. Thomas M. Adams. CCA 20130693. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to October 15, 2020.
No.
21-0002/AR. U.S. v. Danny E. Stanley. CCA 20190034. Appellant's second motion to
extend time to file the supplement to the petition for grant of review is
granted to October 15, 2020.
No.
21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043. Appellant's motion to
extend time to file the supplement to the petition for grant of review is granted
to October 26, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Monday,
October 5, 2020
Petition for Grant of Review Filed
No.
21-0004/MC. U.S. v. Julian D. Schmidt. CCA 201900043.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Friday,
October 2, 2020
Petition for Grant of Review Filed
No.
21-0002/AR. U.S. v. Danny E. Stanley. CCA 20190034.
Petitions for Grant of Review Denied
No.
20-0335/NA. U.S. v. Damon X. Hedgecock. CCA
201800333.
No.
20-0349/AR. U.S. v. Jose E. Sotomayor-Acevedo. CCA 20180618.
Miscellaneous Docket - Filing
No.
21-0003/AR. Nidal M. Hasan, Petitioner v. United
States Army Court of Criminal Appeals, Respondent and United States, Real Party
In Interest. CCA 20200436. Notice is given that a petition for extraordinary
relief in the nature of writ of prohibition and brief were filed under Rule
27(a) on this date.
Interlocutory Order
No.
21-0001/AF. U.S. v. Yogendra Rambharose.
CCA 38769. Appellant's motion to extend time to file the supplement to the
petition for grant of review is granted to October 22, 2020.
UNITED
STATES COURT OF APPEALS FOR THE ARMED FORCES
DAILY
JOURNAL
Thursday,
October 1, 2020
Petition for Grant of Review Filed
No.
21-0001/AF. U.S. v. Yogendra Rambharose.
CCA 38769.
Order Granting Petition for Review
No. 20-0286/AF. U.S. v. Jacob M. Ozbirn. CCA 39556. On consideration of the petition for grant of
review of the decision of the United States Air Force Court of Criminal
Appeals, it is ordered that said petition is hereby granted on the following
issue:
WHETHER
THE EVIDENCE THAT APPELLANT ASKED FOR "NAKED PICTURES" FROM ADULTS PRETENDING
TO BE MINORS IS LEGALLY SUFFICIENT TO SUSTAIN A CONVICTION FOR ATTEMPTED
RECEIPT OF CHILD PORNOGRAPHY.
Briefs
will be filed under Rule 25.
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